Lack of Technology in Condo and Homeowner Associations Voting

1. Florida’s laws on condominium and homeowners’ associations do not specifically address online voting.
2. Many other states also lack laws concerning online association voting.
3. Some states, including Texas, Washington, and New Jersey, have passed laws allowing associations to conduct online voting.
4. Associations in Florida can still consider online voting, but must comply with current voting laws regardless of the voting method. – Section 718.112(2)(d)2, Florida Statutes, allows for board vacancies to be filled by electing a new member through a secret ballot, but it is unclear if online voting would satisfy the requirement of a written ballot or voting machine.
– Section 720.303(2)(c)3, Florida Statutes, requires secret ballots for the election of officers in homeowners’ associations, and online voting could potentially fulfill this requirement.
– Both statutes have language that could be open to interpretation regarding the use of online voting and whether it satisfies the statutory requirements for board meetings and voting procedures. 1. Associations in Florida can create their own rules as long as they do not conflict with the Florida Statutes.

2. The Florida legislature can amend the Florida Statutes to allow for association online voting, but the association’s governing documents must also allow for it.

3. If an association’s governing documents allow for online voting, a court or arbitrator may find that the association is entitled to conduct online voting.

4. Until the Florida legislature expressly allows for association online voting, there is no guarantee that an association’s online voting results will be upheld, even if its governing documents allow for it.

https://www.jimersonfirm.com/blog/2013/10/online-voting-for-condominium-and-homeowners-associations-the-florida-legislature-is-not-keeping-pace-with-technology/